victim must be the person who gave the provocation.
(ii) The provocation must be both ‗grave' and ‗sudden'.
(iii) The provocation must deprive ... deceased must have given provocation to the accused.
(2) The provocation so given must have been grave.
(3) The provocation given by the deceased must
provocation was sudden; (ii) the
provocation was grave; and (iii) loss of self-
control. These three ingredients may be considered
one by one:
(i) Whether ... provocation, it
is not a case of sudden provocation.
(ii) The main difficulty lies in deciding whether a
certain provocation was grave
Section 300 IPC the
following ingredients:
(i) The provocation was sudden; (ii) the provocation was grave; and (iii)
loss of self-control. These three ingredients ... provocation, it is not a case of sudden
provocation.
(ii) the main difficulty lies in deciding whether a certain provocation was
grave
provocation was sudden; (ii) the
provocation was grave; and (iii) loss of self-
control. These three ingredients may be considered
one by one:
(i) Whether ... provocation, it
is not a case of sudden provocation.
(ii) The main difficulty lies in deciding whether a
certain provocation was grave
grave and sudden provocation which is caused by
the person whose death has been caused. The provocation must be both
grave as well as sudden ... time interval between the provocation and homicide
should be short. To see whether the provocation was grave or not, an
objective test would have
Suresh Singhal vs State (Delhi Admin) on 1 September, 2010
Author: V.K. Jain
Bench
killing the deceased.
The entire incident happened due to sudden and grave
provocation. At this stage, it is pertinent to rely upon the
judgment ... fine distinction has to be kept in
mind between sudden and grave provocation resulting
in sudden and temporary loss of self-control
deceased. She has stated that there must be a very grave provocation in the shape of vulgar and filthy abuses coupled with use of physical ... provocation is not given by anything done in the lawful exercise of the right of private defense.
Explanation.--Whether the provocation was grave and sudden
while having lost control on himself and on a sudden and grave provocation.
(4) Kumari Seema (Public Witness . 5) has testified that .she could ... need not in terms set up a defense of sudden and grave provocation and if such a view can reasonably and properly be founded
submitted that the defence taken by
the appellant of "grave and sudden provocation" which is an exception
under Section 300 IPC must ... only be grave but sudden as well. The
appellant must be held to have lost control over her senses and committed
the crime
